Welcome to JAGONAL

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      Terms and Conditions

      Welcome to JAGONAL.com.au, the website and online service of JAGONAL Pty Ltd, ACN 165 719 497 ("JAGONAL," "we," or "us"). This page explains the terms and conditions by which you may use our online and/or mobile services, website, and software provided on or in connection with the service, related data, and/or related services (collectively the "Service"). The use of the Service is subject to the following terms and conditions (the “Terms and Conditions”). BY SUBMITTING INFORMATION TO, OR ACCESSING INFORMATION FROM, THE SERVICE, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. These Terms and Conditions are a legal agreement between you and JAGONAL. If you do not agree to these Terms and Conditions, as well as this Privacy Policy, do not submit information to, or access information from, the Service and JAGONAL.

      JAGONAL reserves the right to modify or change these Terms and Conditions at any time. The most current copy of these terms and conditions will be posted and available for review on the JAGONAL website.

      Listings
      You have had and shall have the opportunity to submit to JAGONAL property descriptions, photographs, images, videos, graphics, financial, contact or other information (collectively, “Submitted Information”) for each listing on JAGONAL. You represent and warrant the following:

      You own or have the full right, power and authority to grant to JAGONAL use of and rights in and to all Submitted Content that you upload, post, email or otherwise transmit to JAGONAL;

      Your license of such content to JAGONAL hereunder does not, and the use or license of such Submitted Content by JAGONAL to third parties will not, infringe any right or interest owned or possessed by any third party; and there are no claims, judgments or settlements to be paid by you, or pending claims or litigation, relating to such Submitted Content.

      With respect to all Submitted Content you have uploaded in the past or elect to upload in the future, post, email or otherwise transmit to or via the Service, JAGONAL acknowledges that you retain any applicable ownership rights that you may have with respect to the Submitted Content. You nonetheless grant JAGONAL and its affiliates and their licensees a royalty-free, worldwide, perpetual, irrevocable, non-exclusive and fully sub-licensable right and license (through multiple tiers) to use, reproduce, adapt, perform, display, publish, translate, prepare derivative works from, modify, distribute, sell, and take any other action with respect to all such Submitted Content (in whole or part), whether submitted in the past or in the future, and/or to incorporate it in other works in any form, media, or technology now known or later developed;

      You further acknowledge and agree that JAGONAL may preserve any such Submitted Content, whether submitted in the past or in the future, and may also disclose such Submitted Content in its sole discretion (including without limitation within other products offered by JAGONAL and its affiliates).

      You agree not to submit any Submitted Content to JAGONAL unless you have received all necessary rights and authorizations, including from the photographer or videographer and/or copyright owner of any photographs or videos, to publish and advertise the property listing on your website or on JAGONAL's website. Specifically, you will not submit a photograph if you received the photograph from a third party information provider under the terms of a license that does not allow posting of such photograph or video on the JAGONAL website or your own website. You may only submit videos personally created by you or your direct employees. You may not upload or otherwise submit videos created or produced by third party video tour providers.

      JAGONAL may, in its sole discretion but without any obligation to search for such, remove property listings that are alleged to have been submitted in violation of this Agreement. In addition, JAGONAL may require additional evidence of compliance with this provision from “Customer(s)”, defined as the end user of the Service, who are alleged to have submitted property listings, Submitted Content or other information in violation of this Agreement. JAGONAL will, in its sole discretion refuse service to, any Customer who repeatedly or knowingly violates this Agreement.

      You agree to maintain accurate contact information (specifically, a valid phone number and email address) in order to submit and maintain active property listings on JAGONAL. Additionally, you agree to allow submitted property listing(s) and Submitted Content, or any part therein, to be searched, displayed, accessed, downloaded, copied, and otherwise referred to by users of your website, the JAGONAL website and other JAGONAL partner or affiliate websites.

      JAGONAL shall have the sole authority to choose the manner in which any property listing will be searched, displayed, accessed, downloaded, copied, and otherwise used on the JAGONAL website and you shall have the right to modify the property listing in the exercise of your rights under this Agreement. You: (a) represent and warrant that all properties and associated information provided by you, including Submitted Content, will be accurate; (b) agree not to post a property listing on the JAGONAL website under a name other than the individually named and validly licensed real estate agents that have been engaged by the property owner to market the property under the terms of a duly executed listing agreement with the owner; and (c) agree to administer the properties provided by you and maintain their accuracy at all times. JAGONAL reserves, in a manner consistent with reasonable commercial business practices, the right to remove all or any part of the property listings posted on the JAGONAL website. You are entirely responsible, and JAGONAL accepts no responsibility, for the Submitted Content from you.

      While JAGONAL shall take all reasonable efforts for data backup and business resumption, you will be solely responsible for retaining back-up copies of all Submitted Content, including photographs, you provide to JAGONAL. JAGONAL may add digital watermarks to certain parts of your property listing, including photographs. We add these digital watermarks to protect against the copying or further distribution of your photographs without your permission. You agree that JAGONAL may adjust portions of the information contained within the Service (e.g., within property listings). Any such adjustments will have no material impact on the meaning and interpretation of property listings, but will serve as a means of uniquely identifying the property listings as having been supplied to the Customer. Customer accepts that this is a legitimate and lawful security precaution on the part of JAGONAL, and accepts further that in the event that any third party has access to property listings that can be identified as having a Customer's unique adjustments a prima facie breach of security and of these Terms of Use on the part of a Customer may be assumed by JAGONAL.

      Restrictions on Use of Service
      You agree that you shall not (directly or indirectly) without prior written consent from JAGONAL: use or reproduce any content that is obtained from JAGONAL, or that is otherwise made available to you on the JAGONAL website, for or in connection with any other listing service or device; use JAGONAL in any manner for or in connection with any other listing service or device; use JAGONAL as part of any effort by you or any third party to directly or indirectly compete with JAGONAL or any of its affiliates or subsidiaries; remove, erase, or tamper with any copyright or other proprietary notice printed or stamped on, affixed to, or encoded or recorded in JAGONAL; use JAGONAL products or services in an unlawful manner, such as for offensive, abusive, tortious, libelous, defamatory or other illegal purposes; use JAGONAL or any of the tools therein to generate or send unsolicited emails or any content that would violate these Terms and Conditions; or reverse engineer, decompile, disassemble, merge, copy, use, disclose , sell or transfer the underlying source code or structure or sequence of JAGONAL's technology or delete or alter author attributes or copyright notices.

      Right to Refuse Service and Termination
      JAGONAL has the right to refuse service to any user, individual, organization, customer or firm (and all members associated or affiliated with said organization or firm) that refuses to abide by these Terms and Conditions. JAGONAL reserves the right to terminate your access to and use of JAGONAL website and the Service at any time without prior notice with or without cause. Cause for termination includes, but is not limited to, breaches or violations of the Terms and Conditions, fraudulent or illegal activity by you, technical or security issues, or material modification of JAGONAL. Upon termination, JAGONAL shall have no obligation to maintain or forward any Submitted Content.

      Communications
      If you have provided contact information to JAGONAL through its website or otherwise, you grant JAGONAL the permission to communicate with you via said contact information for any purposes JAGONAL determines to be relevant including, but not limited to, system messages, product updates, service announcements, and other marketing messages. JAGONAL will use commercially reasonable efforts to honor your request to opt out of marketing messages, but under no circumstances will JAGONAL have any liability for sending any email to any Customer that has provided an email address to JAGONAL.

      Ownership
      JAGONAL solely owns and retains all rights (including Intellectual Property Rights as defined below), title and interest in JAGONAL and all underlying technology and data including any enhancements and improvements thereto as a result of providing Derived Products hereunder. For purposes of these Terms and Conditions, “Derived Products” means any additional tools or features in JAGONAL that are developed using any property or listing data posted on JAGONAL. Intellectual Property Rights means any and all (i) copyrights and other rights associated with works of authorship throughout the world, including neighboring rights, moral rights, and mask works, (ii) trade secrets and other confidential information, (iii) patents, patent disclosures and all rights in inventions (whether patentable or not), (iv) trademarks, trade names, Internet domain names, and registrations and applications for the registration thereof together with all of the goodwill associated therewith, (v) all other intellectual and industrial property rights of every kind and nature throughout the world and however designated, whether arising by operation of law, contract, license, or otherwise, and (vi) all registrations, applications, renewals, extensions, continuations, divisions, or reissues thereof now or hereafter in effect. JAGONAL reserves the right in its sole discretion to terminate or modify any feature or offering on JAGONAL, without notice, for any or no reason, and without notice, obligation or liability to you or any other person.

      Limitation of Liability and Indemnification
      TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL JAGONAL BE LIABLE FOR (I) ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION, DAMAGES FOR LOSS OF BUSINESS PROFITS, LOSS OF BUSINESS REPUTATION, OR INTERRUPTION OR LOSS OF BUSINESS), (II) INACCURACIES, ERRORS OR OMISSIONS IN THE INFORMATION, PRODUCTS OR SERVICES PROVIDED, (III) OR RELIANCE BY YOU ON THE COMPLETENESS OR ACCURACY OF INFORMATION, PRODUCTS OR SERVICES. To the maximum extent permitted by law, JAGONAL’s entire liability to you under these Terms and Conditions shall be to refund to you of any fees paid by you to JAGONAL hereunder for any Service of JAGONAL in the twelve (12) month period prior to the date of the claim, if any, and in no event will JAGONAL’s liability for any reason exceed such fees. JAGONAL (and its officers, directors, employees and agents) shall not be liable for any damages whatsoever arising from your use of the Derived Products, and you shall defend, indemnify and hold harmless JAGONAL (and JAGONAL's officers, directors, employees and agents) from and against any and all costs, damages or losses by any of them (including, without limitation, reasonable attorneys' fees) as a result of a claim by any person other you arising from your use of JAGONAL or the Derived Products. Some jurisdictions do not allow the exclusion of liability for certain damages. As a result, some of the exclusions above may not apply to you.

      Warranty Disclaimers
      JAGONAL, THE SERVICE, THE LISTINGS, AND DERIVED PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. JAGONAL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE SERVICE, THE LISTINGS OR DERIVED PRODUCTS, INCLUDING WITHOUT LIMITATION, THEIR ACCURACY, COMPLETENESS OR OPERATION. JAGONAL SPECIFICALLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. JAGONAL MAKES NO GUARANTEES OR ASSURANCES THAT ACCESS TO JAGONAL WEBSITE OR SERVICE WILL BE UNINTERRUPTED OR SECURE. ALL INFORMATION OR CONTENT ACCESSED THROUGH JAGONAL OR THE SERVICE, INCLUDING LISTINGS AND DERIVED PRODUCTS IS ACCESSED AT CUSTOMER'S OWN DISCRETION AND RISK. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. AS A RESULT, SOME OF THE EXCLUSIONS ABOVE MAY NOT APPLY TO YOU.

      Maps and Directions Disclaimer
      The maps and directions information provided by JAGONAL have been obtained from sources believed reliable, including Google Maps and is subject to all applicable Terms of Use including the Google Maps Terms of Use located at this link. JAGONAL has not verified the information and make no guarantees, warranties or representations about the maps and/or directions. It is your responsibility to independently confirm the accuracy and completeness of any map and/or set of directions. You assume all risk of use.

      Links to Third Party Sites
      JAGONAL’ website may contain hyperlinks to other websites operated by parties other than JAGONAL and its subsidiaries which are beyond JAGONAL’ control. Parties other than JAGONAL may provide services or sell product lines on this site that take you outside of the Service. This may include links from advertisers, sponsors, and content partners that may use JAGONAL's logo(s) as part of a co-branding relationship. JAGONAL does not control, is not responsible for examining or evaluating, and does not warrant the offerings of, any of these businesses or individuals or the content of their websites. JAGONAL does not assume any liability for the actions, product, and content of all of these and any other third parties. JAGONAL makes no representations and cannot be held responsible for the accuracy, relevancy, copyright compliance, legality, or decency of material on such third party websites. When you click on a link that leaves the JAGONAL site, the site you will land on is not controlled by JAGONAL and different terms of use and privacy statements may apply. JAGONAL also does not assume, and expressly disclaims, all liability for any viruses, worms, Trojan horses, defects, or other malfunctions caused by, resulting from, existing within, or in connection with such third party sites and any links thereto.

      Governing Law
      These Terms and Conditions, and the Derived Products provided by JAGONAL, shall be governed by the laws of the State of California, without reference to conflict of laws principles. Any dispute, controversy or claim arising out of or relating to these Terms and Conditions, including any disputes relating to the content of JAGONAL, whether sounding in contract, tort or otherwise, shall exclusively be brought and heard in the courts. Notwithstanding the foregoing, JAGONAL may seek preliminary injunctive relief from a court of law in the event of a breach of these Terms and Condition by you in any court with personal jurisdiction over you.

      Events Beyond JAGONAL’s Control
      Without limiting anything in these Terms and Conditions, you expressly absolve and release JAGONAL from any claim of harm resulting from a cause beyond JAGONAL’s control including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes or other labor problems, wars, terrorism, or governmental restrictions.

      Waiver and Severability
      The failure of JAGONAL to exercise or enforce a legal right or remedy contained in the Terms and Conditions does not constitute a waiver of any such right or remedy. No waiver of any right, term or provision of the Terms and Conditions is deemed a waiver of any other right, term or provision. If a court of competent jurisdiction finds any provision of the Terms and Conditions to be invalid, you agree that the remaining terms and provisions remain in full force and effect.

      Relationship
      No joint venture, partnership, employment, or agency relationship exists between you and JAGONAL as a result of these Terms and Conditions or your utilization of JAGONAL website or the Service.

      Compliance with Laws
      Your access to JAGONAL website and the Service is governed by all applicable federal, state and local laws. You agree to fully comply with all such laws.

      Assignment
      These Terms and Conditions shall be binding upon and shall inure to the benefit of the parties and their respective successors and permitted assigns. The rights under these Terms and Conditions or any license granted hereunder may not be assigned, sublicensed or otherwise transferred by you without the prior written consent of JAGONAL, which retains the right to withhold consent in its sole discretion.

      Notices
      All notices to JAGONAL must be in writing and must be sent registered mail, certified mail, or overnight mail with a return receipt requested to Chief Financial Officer at JAGONAL.

      Entire Agreement/ Reservation of Rights
      These Terms and Conditions represent the entire agreement between you and JAGONAL with respect to use of and material available on or through JAGONAL and the Service, and supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written between the you and JAGONAL with respect to the matters described herein. Any rights not expressly granted herein are reserved.